,,ii #aahth ,,congress #ast ,session ,s4 #aj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bc 7legislative day1 ,january #c71 #bjbc,mr4 ,tester 7for himself and ,mr4 ,boozman7 introduced the following bill2 which was read twice and referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to improve the workforce of the ,department of ,veterans ,affairs1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,,va ,clinician ,appreciation1 ,recruitment1 ,education1 ,expansion1 and ,retention ,support 7,,careers7 ,act of #bjbc4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,training1 recruitment1 and retention of health care employees,sec4 #aja4 ,payment of licensure exam costs for recipients of scholarships from ,department of ,veterans ,affairs4,sec4 #ajb4 ,improvement of workforce training and team models to meet the needs of older veterans4,sec4 #ajc4 ,study on improving recruitment and retention at community living centers of ,department of ,veterans ,affairs4,sec4 #ajd4 ,limitation on detail of directors of medical centers of ,department of ,veterans ,affairs to different positions4,,title ,,ii--,accountability1 oversight1 and personnel matters,subtitle ,a--,matters relating to pay,sec4 #bja4 ,modification of pay limitation for physicians1 podiatrists1 optometrists1 and dentists of ,department of ,veterans ,affairs4,sec4 #bjb4 ,increased pay cap for directors of medical centers and ,veterans ,integrated ,service ,networks of ,department of ,veterans ,affairs4,sec4 #bjc4 ,waiver of pay limitation for employees of the ,veterans ,health ,administration performing mission critical work4,sec4 #bjd4 ,increase of maximum amount of incentive pay for ,department pharmacist executives4,sec4 #bje4 ,modification of special pay authority for nurse executives4,subtitle ,b--,improvement of recruitment and hiring,sec4 #baa4 ,oversight of direct hire authority and hiring flexibility of ,department of ,veterans ,affairs4,sec4 #bab4 ,waiver of certain licensure requirements4,subtitle ,c--,other personnel matters,sec4 #bba4 ,role of optometrists in ,department of ,veterans ,affairs4,sec4 #bbb4 ,expansion of annual leave options for employees of ,department of ,veterans ,affairs during public health emergency4,sec4 #bbc4 ,expansion of reimbursement of continuing professional education expenses4,sec4 #bbd4 ,inclusion of police officers of ,department of ,veterans ,affairs as law enforcement officers4,sec4 #bbe4 ,department of ,veterans ,affairs personnel transparency4,sec4 #bbf4 ,comptroller ,general report assessing human resources modernization within ,veterans ,health ,administration4 ,i ,training1 recruitment1 and retention of health care employees #aja4 ,payment of licensure exam costs for recipients of scholarships from ,department of ,veterans ,affairs 7a7 ,in general ,the ,secretary of ,veterans ,affairs shall pay the costs of any licensing examinations and certifications required by the ,secretary for any current recipient of a covered health professional scholarship from the ,department of ,veterans ,affairs4 7b7 ,licensing examinations and certifications ,subsection 7a7 shall apply to the payment of costs for-- 7#a7 the ,united ,states ,medical ,licensing ,examination ,step #a1 ,step #b1 and ,step #c2 7#b7 the ,national ,council ,licensure ,exam2 7#c7 the ,national ,board ,dental ,examination2 7#d7 the ,national ,board ,dental ,hygiene ,examination2 7#e7 the ,dental ,licensure ,objective ,structured ,clinical ,examination and ,integrated ,national ,board ,dental ,examination2 7#f7 the ,national ,licensing ,exams for ,registered ,nurses1 ,nurse ,practitioners1 and ,certified ,registered ,nurse ,anesthetists2 7#g7 the ,american ,podiatric ,medical ,licensing ,exam2 7#h7 the ,national ,board of ,examiners in ,optometry ,exam2 7#i7 the ,physician ,assistant ,national ,certification ,exam2 7#aj7 the ,examination for ,professional ,practice in ,psychology2 7#aa7 the ,academy for ,certification of ,vision ,rehabilitation and ,education ,professionals certification examinations2 7#ab7 the ,association of ,social ,workers ,boards ,exam2 and 7#ac7 such other licensing examinations and certifications as the ,secretary considers appropriate4 7c7 ,report to ,congress ,not later than one year after the date of the enactment of this ,act1 and not less frequently than annually thereafter1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the implementation of this section that includes the following data for each ,state and territory of the ,united ,states for the one-year period preceding the date of the report3 7#a7 ,utilization by the ,secretary of the requirement under subsection 7a7 broken down by position and career type4 7#b7 ,number of times each examination or certification described in subsection 7b7 was paid for by the ,department and total funds expended by the ,department for each such examination or certification4 7d7 ,covered health professional scholarship defined ,in this section1 the term covered health professional scholarship means-- 7#a7 the ,department of ,veterans ,affairs ,health ,professional ,scholarship ,program under subchapter ,,ii of chapter #gf of title #ch1 ,united ,states ,code2 7#b7 the ,department of ,veterans ,affairs ,employee ,incentive ,scholarship ,program under subchapter ,,vi of such chapter1 including-- 7,a7 the ,national ,nursing ,education ,initiative2 and 7,b7 the ,,va ,national ,education for ,employees ,program2 7#c7 the ,department of ,veterans ,affairs ,readjustment ,counseling ,service ,scholarship ,program under subchapter ,,ix of such chapter2 7#d7 the ,visual ,impairment and ,orientation and ,mobility ,professionals ,scholarship ,program under chapter #ge of such title2 7#e7 the ,veterans ,healing ,veterans ,medical ,access and ,scholarship ,program under section #cjd of the ,,va ,,mission ,act of #bjah 7,public ,law #aae-ahb2 #ch ,u4,s4,c4 #gfja note72 7#f7 the ,physician ,assistant ,education and ,training ,pilot ,program for ,former ,members of ,the ,armed ,forces under section #bdf of division ,j of the ,consolidated ,appropriations ,act of #bjah 7,public ,law #aae-ada2 #ch ,u4,s4,c4 #gfja note72 and 7#g7 such other programs as the ,secretary considers appropriate4 #ajb4 ,improvement of workforce training and team models to meet the needs of older veterans 7a7 ,rural geriatrics team training ,the ,secretary of ,veterans ,affairs shall expand the ,rural ,interdisciplinary ,team ,training program of the ,department of ,veterans ,affairs to not fewer than one rural site in each ,veterans ,integrated ,service ,network of the ,department and ensure access at such sites to learning opportunities through the ,geriatric ,scholars ,program of the ,department4 7b7 ,training on caring for veterans with memory loss 7#a7 ,in general ,the ,secretary shall provide continuing professional education for clinical staff of the ,department who provide care for veterans with ,alzheimer's disease and dementia4 7#b7 ,implementation ,the ,secretary shall implement the continuing professional education required under paragraph 7#a7 in consultation with the ,office of ,rural ,health of the ,department of ,veterans ,affairs established under section #gcjh of title #ch1 ,united ,states ,code1 in order to ensure equitable access to learning opportunities for employees of the ,department in rural and highly rural areas4 7c7 ,expansion of ,geriatric ,patient ,aligned ,care ,team model and ,geriatric and ,palliative ,specialty ,services 7#a7 ,in general ,the ,secretary shall expand the ,geriatrics ,patient ,aligned ,care ,team model and the geriatric and palliative specialty services of the ,department of ,veterans ,affairs-- 7,a7 to every medical center of the ,department2 7,b7 to any community-based outpatient clinic at which such expansion is determined by the ,secretary to be feasible and needed2 and 7,c7 to provide access to all veterans that need those services1 including through implementing ,geriatric and ,palliative ,specialty ,consultative ,clinical ,resource ,hubs to meet the needs of the aging veteran population4 7#b7 ,waiver of expansion to medical centers ,the ,secretary may waive the application of the requirements under paragraph 7#a77;,a7 with respect to a medical center if the ,secretary determines that the medical center does not have the capacity or need to implement a ,geriatrics ,patient ,aligned ,care ,team model or to provide geriatric and palliative specialty services1 as the case may be4 7#c7 ,study ,the ,secretary shall conduct a study on the variations in the structure and model consistency of the ,geriatrics ,patient ,aligned ,care ,team model and delivery and utilization of geriatric and palliative care throughout the ,department and how those variations impact quality of care and patient outcomes4 7d7 ,report to ,congress 7#a7 ,in general ,not later than two years after the date of the enactment of this ,act1 and not less frequently than annually thereafter for the following five years1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the implementation of this section4 7#b7 ,inclusion of information on waivers ,the ,secretary shall include in the report required by paragraph 7#a7 an identification of any medical center of the ,department in receipt of a waiver under subsection 7c77#b7 and the reason for the waiver4 7e7 ,definitions ,in this section1 the terms rural and highly rural have the meanings given those terms under the ,rural-,urban ,commuting ,areas 7,,ruca7 coding system of the ,department of ,agriculture4 #ajc4 ,study on improving recruitment and retention at community living centers of ,department of ,veterans ,affairs 7a7 ,in general ,not later than two years after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall complete a study on barriers to hiring and retaining staff at community living centers of the ,department of ,veterans ,affairs and best practices for improving recruitment and retention of such staff1 with an emphasis on nursing staff4 7b7 ,report to ,congress ,not later than #ahj days after completion of the study under subsection 7a71 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report-- 7#a7 summarizing key findings with respect to barriers to hiring and retaining staff at community living centers of the ,department and best practices for improving recruitment and retention of such staff1 including any barriers or best practices specific to rural areas2 and 7#b7 including recommendations for such administrative action as the ,secretary considers appropriate4 #ajd4 ,limitation on detail of directors of medical centers of ,department of ,veterans ,affairs to different positions 7a7 ,notification 7#a7 ,in general ,not later than #ij days after detailing a director of a medical center of the ,department of ,veterans ,affairs to a different position within the ,department1 the ,secretary of ,veterans ,affairs shall notify the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives of such detail4 7#b7 ,matters ,to be included ,the notification required by paragraph 7#a7 shall include1 with respect to a director of a medical center who is detailed to a different position within the ,department1 the following information3 7,a7 ,the location at which the director is detailed4 7,b7 ,the position title of the detail4 7,c7 ,the estimated time the director is expected to be absent from their duties at the medical center4 7,d7 ,such other information as the ,secretary may determine appropriate4 7b7 ,appointment of acting director ,not later than #abj days after detailing a director of a medical center of the ,department to a different position within the ,department1 the ,secretary shall appoint an individual as acting director of such medical center with all of the authority and responsibilities of the detailed director4 7c7 ,update on detail ,not later than #abj days after detailing a director of a medical center of the ,department to a different position within the ,department1 and not less frequently than every #cj days thereafter while the detail is in effect or while the director position at the medical center is vacant1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives an update regarding the status of the detail4 7d7 ,return to position or reassignment 7#a7 ,in general ,except as provided in paragraph 7#b71 not later than #ahj days after detailing a director of a medical center of the ,department to a different position within the ,department1 for a reason other than an ongoing investigation or administrative action with respect to the director1 the ,secretary shall-- 7,a7 return the individual to the position as director of the medical center2 or 7,b7 reassign the individual from the position as director of the medical center and begin the process of hiring a new director for such position4 7#b7 ,waiver 7,a7 ,in general ,the ,secretary may waive the requirement under paragraph 7#a7 with respect to an individual for successive #ij-;day increments for a total period of not more than #edj days from the original date the individual was detailed away from their position as director of a medical center4 7,b7 ,notification ,not later than #cj days after exercising a waiver under subparagraph 7,a71 the ,secretary shall notify ,congress of the waiver and provide to ,congress information as to why the waiver is necessary4 ,,ii ,accountability1 oversight1 and personnel matters ,a ,matters relating to pay #bja4 ,modification of pay limitation for physicians1 podiatrists1 optometrists1 and dentists of ,department of ,veterans ,affairs 7a7 ,market pay 7#a7 ,in general ,section #gdca of title #ch1 ,united ,states ,code1 is amended-- 7,a7 by striking subsections 7a71 7b71 and 7d72 7,b7 by redesignating subsections 7c71 7e71 7f71 7g71 and 7h7 as subsections 7a71 7b71 7c71 7d71 and 7e71 respectively2 7,c7 by inserting optometrists1 after podiatrists1 each place it appears2 7,d7 by inserting optometrist after podiatrist1 each place it appears2 7,e7 in subsection 7a71 as redesignated by subparagraph 7,b71 in the matter preceding paragraph 7#a71 by striking ,one element of pay for physicians1 podiatrists1 and dentists shall be base pay4 ,base pay shall meet the following requirements3 and inserting ,pay of physicians1 podiatrists1 optometrists1 and dentists in the ,veterans ,health ,administration shall consist of base pay1 which shall meet the following requirements32 7,f7 in subsection 7b71 as so redesignated-- 7i7 in the subsection heading1 by striking total and inserting market2 7ii7 in paragraph 7#a77;,a7-- 7,i7 by striking annual each place it appears and inserting market2 and 7,,ii7 by inserting 1 optometrists1 after podiatrists2 7iii7 by striking paragraphs 7#b7 and 7#c72 7iv7 by redesignating paragraph 7#d7 as paragraph 7#b72 7v7 in paragraph 7#b71 as redesignated by clause 7iv71 by striking ,except as provided in sections #gdjd;,a7c7 and #gdaj7;a77#b7 of this title1 in no case may the total amount of compensation and inserting ,the total amount of market pay under subsection 7a72 7vi7 by inserting may not before exceed2 and 7vii7 by adding at the end the following new paragraphs3 7#c7 ,notwithstanding any compensation or pay limitations under this title or title #e1 the ,secretary may authorize the ,under ,secretary for ,health to pay physicians1 podiatrists1 and dentists-- 7,a7 awards authorized under this title2 7,b7 advance payments1 recruitment or relocation bonuses1 and retention allowances authorized under section #gdaj7;a7 of this title or as otherwise provided by law2 7,c7 incentives or bonuses under section #gjf of this title or as otherwise provided by law2 and 7,d7 earnings from fee-basis appointments under section #gdje7;a77#b7 of this title4 7#d7 7,a7 ,the ,secretary may waive any pay limitation described in this section 7to include tier limitations7 if the ,secretary determines it is necessary for the recruitment or retention of critical health care personnel1 as determined by the ,secretary4 7,b7 ,the ,secretary may prescribe requirements1 limitations1 and other considerations for waivers under subparagraph 7,a74 2 7,g7 in subsection 7c71 as so redesignated1 by striking subsections 7b7 and 7c7 of2 7,h7 in subsection 7d71 as so redesignated-- 7i7 in paragraph 7#a71 by striking subsection 7c7 and inserting subsection 7a72 and 7ii7 by adding at the end the following new paragraph3 7#c7 ,an individual receiving market pay under subsection 7a7 may not receive a non-foreign cost of living allowance under section #eida of title #e4 2 and 7,i7 in subsection 7e71 as so redesignated1 by striking subsection 7c71 7d71 or 7e7 except for the responsibilities of the ,secretary under subsection 7e77#a7 and inserting subsections 7a7 or 7b7 except for the responsibilities of the ,secretary under subsection 7b77#a74 7#b7 ,conforming amendments 7,a7 ,incentives for recruitment ,section #gjf7;d77#f7 of title #ch1 ,united ,states ,code1 is amended by striking total amount of compensation under section #gdca7;e77#d7 and inserting total amount of market pay under section #gdca4 7,b7 ,awards ,section #gdjd;,a7c7 of such title is amended by striking the limitation under section #gdca7;e77#d7 and inserting a limitation under section #gdca4 7,c7 ,additional pay authorities ,section #gdaj7;a77#b7 of such title is amended by striking the limitation under section #gdca7;e77#d7 and inserting a limitation under section #gdca4 7,d7 ,pay of ,under ,secretary for ,health ,section #gdcb7;b77#a7 of such title is amended-- 7i7 by inserting 1 podiatrist1 optometrist1 after physician2 and 7ii7 by striking #gdca7;c7 and inserting #gdca4 7,e7 ,administrative matters ,section #gdcc of such title is amended by inserting optometrists1 after physicians1 each place it appears4 7,f7 ,competitive pay ,section #gdea7;a77#b77;,c7 of such title is amended by inserting optometrist1 after physician14 7,g7 ,compensation and professional standards for certain medical officers ,section #bg7;b7 of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #cebh7;b77 is amended by striking section #gdca7;e77#a77;,c7 and inserting section #gdca7;b77#a77;,c74 7#c7 ,clerical amendments 7,a7 ,section heading 7i7 ,in general ,the heading for section #gdca of title #ch1 ,united ,states ,code is amended to read as follows3 #gdca4 ,market pay 4 7ii7 ,table of sections ,the table of sections at the beginning of subchapter ,,iii of chapter #gd of title #ch1 ,united ,states ,code1 is amended by striking the item relating to section #gdca and inserting the following new item3 #gdca4 ,market pay4 4 7,b7 ,subchapter heading 7i7 ,in general ,the heading for subchapter ,,iii of chapter #gd of such title is amended to read as follows3 ,,iii ,pay for physicians and other health-care personnel 4 7ii7 ,table of sections ,the table of sections at the beginning of chapter #gd of such title is amended by striking the item relating to subchapter ,,iii and inserting the following new item3 ,,subchapter ,,iii--,pay for physicians and other health-care personnel 4 7#d7 ,application 7,a7 ,in general ,the amendments made by this subsection shall apply to any pay period of the ,department of ,veterans ,affairs beginning on or after the date that is #cj days after the date of the enactment of this ,act4 7,b7 ,performance pay for year of enactment ,the ,secretary of ,veterans ,affairs may pay performance pay under section #gdca7;d7 of title #ch1 ,united ,states ,code1 as in effect on the day before the date of the enactment of this ,act1 for the calendar year in which this ,act is enacted4 7b7 ,modification and clarification of pay grade for optometrists ,section #gdjd of such title is amended-- 7#a7 in subsection 7a77#b77;,a71 by striking podiatrists1 and dentists and inserting podiatrists1 optometrists1 and dentists2 and 7#b7 in the list in subsection 7b7-- 7,a7 by striking ,,podiatrist 7,,dpm71 ,,and ,,dentist and inserting ,,podiatrist 7,,dpm71 ,,optometrist 7,,od71 ,,and ,,dentist2 and 7,b7 by striking ,,clinical ,,chiropractor ,,and ,,optometrist ,,schedule1 and inserting ,,clinical ,,chiropractor ,,schedule4 7c7 ,retroactive authority for compensation 7#a7 ,in general ,the ,secretary of ,veterans ,affairs is retroactively authorized to pay to a covered employee the amount of compensation that was authorized to be paid to the employee during the period specified in paragraph 7#b7 but was deferred and paid to the employee in the calendar year following the calendar year in which it was authorized to be paid because it exceeded #djj1jjj in a calendar year4 7#b7 ,period specified ,the period specified in this paragraph is the period beginning on ,january #h1 #bjjf1 and ending on ,december #ca1 #bjag4 7#c7 ,additional period ,compensation authorized under this subsection shall not be included in the calculation of any aggregate limit on compensation for a covered employee for the year in which it is paid4 7#d7 ,charging of compensation ,compensation authorized under this subsection shall be charged to the appropriate medical care appropriation account of the ,department of ,veterans ,affairs for the fiscal year in which the work was performed except as follows3 7,a7 ,in the case of an account that has closed pursuant to section #aeeb of title #ca1 ,united ,states ,code1 the compensation shall be charged to a current appropriation account in accordance with section #aeec of such title4 7,b7 ,in the case of an expired account that has not closed1 if charging the compensation to the expired account would cause such account to have a negative unliquidated or unexpended balance1 the compensation may be charged to a current appropriation account available for the same purpose4 7#e7 ,definitions ,in this subsection3 7,a7 ,compensation ,the term compensation means any pay1 including salary1 awards1 and incentives4 7,b7 ,covered employee ,the term covered employee means a physician1 podiatrist1 optometrist1 or dentist subject to market pay under section #gdca of title #ch1 ,united ,states ,code1 as amended by subsection 7a74 #bjb4 ,increased pay cap for directors of medical centers and ,veterans ,integrated ,service ,networks of ,department of ,veterans ,affairs 7a7 ,increased pay cap 7#a7 ,in general ,subchapter ,i of chapter #gd of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #gdad4 ,pay for directors of medical centers and directors of ,veterans ,integrated ,service ,networks 7a7 ,in general ,to reflect the recruitment and retention needs of the ,department for the assignment of a particular director in a medical center or ,veterans ,integrated ,service ,network of the ,department1 the ,secretary shall prescribe a system of pay for individuals appointed under section #gdja7d7 of this title4 7b7 ,market pay 7#a7 ,in general ,the annual amount of the market rate of pay of an individual appointed under section #gdja7d7 of this title-- 7,a7 shall be determined by the ,secretary on a case-by-case basis2 and 7,b7 shall take into account-- 7i7 the level of experience of the individual in managing facilities or programs of the ,department or other similar agencies or companies1 whether governmental or nongovernmental2 7ii7 the complexity of the assignment of the individual1 whether assigned or to be assigned2 7iii7 the labor market for individuals in similar positions1 which may cover any geographic area the ,secretary considers appropriate2 7iv7 the experience of the individual in performing the assignment of the individual1 whether assigned or to be assigned2 and 7v7 such other considerations as the ,secretary considers appropriate4 7#b7 ,evaluation and adjustment 7,a7 ,in general ,the market rate of pay provided under this subsection shall be evaluated by the ,secretary not less frequently than once every two years4 7,b7 ,adjustment ,the market rate of pay of an individual may be adjusted as the result of an evaluation under subparagraph 7,a74 7,c7 ,notice of results ,an individual whose market rate of pay is evaluated under subparagraph 7,a7 shall receive written notice of the results of such evaluation4 7c7 ,requirements and limitations on total pay 7#a7 ,minimum and maximum amounts 7,a7 ,in general ,not less frequently than once every two years1 the ,secretary shall prescribe for applicability throughout the ,department the minimum and maximum amounts for a market rate of pay that may be paid under subsection 7b74 7,b7 ,publication and effective date of amounts ,amounts prescribed under subparagraph 7,a7 shall be published in the ,federal ,register and shall take effect not earlier than #fj days after the date of publication4 7,c7 ,maximum 7i7 ,in general ,except as provided in clause 7ii71 in no case may the total market rate of pay provided under subsection 7b7 exceed the amount of annual compensation 7excluding expenses7 specified in section #ajb of title #c4 7ii7 ,waiver ,the ,secretary may waive the limitation under clause 7i7 7to include tier limitations7 if the ,secretary determines it is necessary for the recruitment or retention of critical health care personnel1 as determined by the ,secretary4 7#b7 ,limitation on reduction ,no adjustment of the market rate of pay under subsection 7b77#b77;,b7 may result in a reduction of the amount of the market rate of pay of an individual while in the same position or assignment at the same location4 7d7 ,treatment of pay 7#a7 ,in general ,pay under subsection 7b7 shall be considered pay for all purposes1 including retirement benefits under chapters #hc and #hd of title #e and other benefits4 7#b7 ,cost-of-living allowance ,an individual receiving pay under subsection 7b7 may not receive a cost-of-living allowance under section #eida of title #e4 7e7 ,annual report ,not later than one year after the date of the enactment of the ,,va ,clinician ,appreciation1 ,recruitment1 ,education1 ,expansion1 and ,retention ,support 7,,careers7 ,act of #bjbc1 and annually thereafter1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the implementation by the ,secretary of the requirements under this section4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of such subchapter is amended by inserting after the item relating to section #gdac the following new item3 #gdad4 ,pay for directors of medical centers and directors of ,veterans ,integrated ,service ,networks4 4 7b7 ,conforming amendments ,section #gdjd7;a77#a7 of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by striking 7,a7 ,the annual and inserting ,the annual2 and 7,b7 by striking and #gdja7d72 and 7#b7 by striking subparagraph 7,b74 #bjc4 ,waiver of pay limitation for employees of the ,veterans ,health ,administration performing mission critical work 7a7 ,in general ,subchapter ,i of chapter #gd of title #ch1 ,united ,states ,code1 as amended by section #bjb7;a77#a71 is further amended by adding at the end the following new section3 #gdae4 ,waiver of pay limitation for employees performing mission critical work 7a7 ,in general ,notwithstanding any other provision of law1 the ,secretary may waive any limitation on pay for an employee of the ,veterans ,health ,administration who is performing mission critical work4 7b7 ,authority ,the ,secretary shall prescribe regulations for the administration of this section4 7c7 ,employee of the ,veterans ,health ,administration defined ,in this section1 the term #8employee of the ,veterans ,health ,administration includes any employee of the ,veterans ,health ,administration1 regardless of the authority under which the employee was hired4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such subchapter1 as amended by section #bjb7;a77#b71 is further amended by inserting after the item relating to section #gdad the following new item3 #gdae4 ,waiver of pay limitation for employees performing mission critical work4 4 #bjd4 ,increase of maximum amount of incentive pay for ,department pharmacist executives ,section #gdaj7;b77#a7 of title #ch1 ,united ,states ,code1 is amended by striking #dj1jjj and inserting #ajj1jjj4 #bje4 ,modification of special pay authority for nurse executives ,section #gdeb7;g7 of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking ,department nurse executives1 the ,secretary may1 in accordance with and all that follows through the period at the end and inserting nurse executives for the ,veterans ,health ,administration1 the ,under ,secretary for ,health may pay special pay to personnel of the ,veterans ,health ,administration who are nurse executives42 and 7#b7 by adding at the end the following new paragraph3 7#e7 ,the ,under ,secretary for ,health shall define through regulations which positions of the ,veterans ,health ,administration qualify as nurse executives for purposes of special pay under paragraph 7#a74 4 ,b ,improvement of recruitment and hiring #baa4 ,oversight of direct hire authority and hiring flexibility of ,department of ,veterans ,affairs ,not later than three years after the date of the enactment of this ,act1 the ,inspector ,general of the ,department of ,veterans ,affairs shall conduct a study and publish a report on-- 7#a7 the use of direct hire authority by the ,department2 7#b7 the contributions made by the use of such authority to filling vacancies within the ,department2 and 7#c7 any vulnerabilities or inconsistencies with respect to the use of such authority4 #bab4 ,waiver of certain licensure requirements 7a7 ,psychologists ,paragraph 7#h77;,c7 of section #gdjb7;b7 of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by striking individual psychologist for a period and inserting individual psychologist-- 7i7 for a period 2 7#b7 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following new clause3 7ii7 for a reasonable period recommended by the ,under ,secretary for ,health1 not to exceed four years1 during a public health emergency declared by the ,president1 the ,secretary of ,health and ,human ,services1 or such other authority as specified by the ,secretary4 4 7b7 ,licensed professional mental health counselor ,paragraph 7#aa77;,b7 of such section is amended by striking the period at the end and inserting 1 except that the ,secretary may waive the requirement of licensure or certification for an individual professional mental health counselor for a reasonable period of time recommended by the ,under ,secretary for ,health44 ,c ,other personnel matters #bba4 ,role of optometrists in ,department of ,veterans ,affairs 7a7 ,inclusion as physician 7#a7 ,in general ,section #gdac of title #ch1 ,united ,states ,code1 is amended-- 7,a7 in the section heading1 by inserting and optometrists after podiatrists2 7,b7 in subsection 7a7-- 7i7 by striking a doctor of podiatric medicine who is appointed as a podiatrist under section #gdja7a7 of this title and inserting a covered individual2 and 7ii7 by striking such section and inserting section #gdja7a7 of this title2 and 7,c7 by adding at the end the following new subsection3 7c7 ,covered individual defined ,in this section1 the term covered individual means any of the following3 7#a7 ,a doctor of podiatric medicine who is appointed as a podiatrist under section #gdja7a7 of this title4 7#b7 ,a doctor of optometry who is appointed as an optometrist under section #gdja7a7 of this title4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of subchapter ,i of chapter #gd of such title is amended by striking the item relating to section #gdac and inserting the following new item #gdac4 ,treatment of podiatrists and optometrists2 clinical oversight standards4 4 7b7 ,clarification of role ,section #gcjf of such title is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#f71 by striking 1 a ,director of ,dietetic ,service1 and a ,director of ,optometric ,service and inserting and a ,director of ,dietetic ,service2 7,b7 by redesignating paragraph 7#ab7 as paragraph 7#ac72 and 7,c7 by inserting after paragraph 7#aa7 the following new paragraph 7#ab73 7#ab7 ,an ,executive ,director of ,optometric ,service1 who shall be a qualified doctor of optometry and who shall be responsible to the ,under ,secretary for ,health for the operation of the ,optometric ,service4 2 7#b7 in subsection 7b77#a71 by inserting optometry1 after podiatric medicine12 and 7#c7 in subsection 7c71 by striking and 7#aj7 and inserting 7#aj71 and 7#ab74 #bbb4 ,expansion of annual leave options for employees of ,department of ,veterans ,affairs during public health emergency 7a7 ,account for consolidation of certain annual leave 7#a7 ,in general ,notwithstanding any other provision of law1 the ,secretary of ,veterans ,affairs shall consolidate into one restored annual leave account all annual leave restored pursuant to section #fcjd7;d77#a77;,b7 of title #e1 ,united ,states ,code1 during calendar years #bjbj1 #bjba1 and #bjbb for covered employees who are employed by the ,department of ,veterans ,affairs on the date of the enactment of this ,act4 7#b7 ,additional calendar years ,the ,secretary may consolidate into the annual leave account described in paragraph 7#a7 annual leave restored pursuant to section #fcjd7;d77#a77;,b7 of such title during calendar years not described in such paragraph with the approval of the ,director of the ,office of ,personnel ,management4 7b7 ,leave expiration ,annual leave consolidated into the annual leave account described in subsection 7a77#a7 shall be used before the later of-- 7#a7 ,january #i1 #bjbg2 and 7#b7 the applicable deadline pursuant to section #fcj4cji of title #e1 ,code of ,federal ,regulations1 or successor regulation4 7c7 ,program of lump sum payments 7#a7 ,in general ,subject to the availability of appropriations1 the ,secretary may establish a program under which1 during the period beginning on the date of the enactment of this ,act and ending on ,january #i1 #bjbg1 a covered employee with annual leave described in subsection 7a77#a7 may elect to receive a single lump sum payment lin lieu of using such leave4 7#b7 ,treatment of lump sum payments ,a lump sum payment under a program established under paragraph 7#a7 shall be treated as separate and apart from any lump sum payment of annual leave the covered employee may otherwise be entitled to upon separation from employment with the ,department4 7d7 ,covered employee defined ,in this section1 the term covered employee means an employee of the ,department of ,veterans ,affairs who-- 7#a7 was appointed under chapter #gc or #gd of title #ch1 ,united ,states ,code1 notwithstanding section #gdba7;a7 of such title1 section #gdbe7;b7 of such title1 or any other provision of such chapter that impacts leave for such an employee2 7#b7 was appointed under chapter #gh of such title2 or 7#c7 occupied any position under the jurisdiction of the ,secretary of ,veterans ,affairs that is subject to the leave provisions of chapter #fc of title #e1 ,united ,states ,code4 #bbc4 ,expansion of reimbursement of continuing professional education expenses 7a7 ,in general ,section #gdaa of title #ch1 ,united ,states ,code1 is amended to read as follows3 #gdaa4 ,reimbursement of continuing professional education expenses ,the ,secretary shall reimburse certain full-time health care professionals of the ,department for expenses incurred for continuing professional education in amounts as follows3 7#a7 ,with respect to any physician1 dentist1 podiatrist1 chiropractor1 optometrist1 registered nurse1 or physician assistant appointed under section #gdja7a7 of this title1 not more than #a1jjj per year for each such individual4 7#b7 ,with respect to any licensed practical or vocational nurse1 medical technologist1 pharmacist1 pharmacy technician1 psychologist1 diagnostic radiologic technologist1 or social worker appointed under section #gdja7c7 of this title1 not more than #a1jjj per year for each such individual4 4 7b7 ,clerical amendment ,the table of sections at the beginning of subchapter ,i of chapter #gd of title #ch1 ,united ,states ,code1 is amended by striking the item relating to section #gdaa and inserting the following new item3 #gdaa4 ,reimbursement of continuing professional education expenses4 4 #bbd4 ,inclusion of police officers of ,department of ,veterans ,affairs as law enforcement officers 7a7 ,definitions ,in this section-- 7#a7 the term ,director means the ,director of the ,office of ,personnel ,management2 7#b7 the term ,fund means the ,civil ,service ,retirement and ,disability ,fund2 7#c7 the term incumbent means an individual who-- 7,a7 was appointed as a law enforcement officer before the date of enactment of this ,act2 and 7,b7 is serving as a law enforcement officer on the date of enactment of this ,act2 7#d7 the term law enforcement officer means an individual who satisfies the requirements of section #hcca7bj7 or #hdja7ag7 of title #e1 ,united ,states ,code1 by virtue of the amendments made by this section2 7#e7 the term prior service means1 with respect to an incumbent who makes an election under subsection 7c77#b71 service performed by the incumbent before the date on which appropriate retirement deductions begin to be made under the election2 and 7#f7 the term service means service performed by an individual as a law enforcement officer4 7b7 ,civil ,service ,retirement ,system 7#a7 ,in general ,title #e1 ,united ,states ,code1 is amended-- 7,a7 in section #hcca7bj71 in the matter preceding subparagraph 7,a7-- 7i7 by inserting 7or who is described in section #hdja7ag77;,e77 after criminal laws of the ,united ,states2 and 7ii7 by inserting 7or who is so described7 after engaged in this activity2 and 7,b7 in section #hdja7ag7-- 7i7 in subparagraph 7,c7-- 7,i7 by striking subparagraph 7,a7 and 7,b7 and inserting subparagraph 7,a71 7,b71 or 7,e72 and 7,,ii7 by striking and at the end2 7ii7 in the flush text following subparagraph 7,d77iii71 by adding and after the semicolon at the end2 and 7iii7 by adding at the end the following3 7,e7 an employee of the ,department of ,veterans ,affairs who is a ,department police officer under section #ijb of title #ch1 as determined by the ,secretary of ,veterans ,affairs2 4 7#b7 ,application ,the amendments made by this subsection shall apply to any-- 7,a7 individual who is appointed as a law enforcement officer-- 7i7 as defined in section #hcca7bj7 or #hdja7ag7 of title #e1 ,united ,states ,code1 as amended by this subsection2 and 7ii7 on or after the date of enactment of this ,act2 and 7,b7 incumbent1 consistent with the requirements of this section4 7c7 ,treatment of service performed by incumbents 7#a7 ,service on or after date of enactment ,service performed by an incumbent on or after the date of enactment of this ,act shall be treated as service performed as a law enforcement officer4 7#b7 ,service before date of enactment ,service performed by an incumbent before the date of enactment of this ,act shall1 for purposes of subchapter ,,iii of chapter #hc and chapter #hd of title #e1 ,united ,states ,code1 be treated as service performed as a law enforcement officer only if the incumbent submits a written election to the ,director by the earlier of-- 7,a7 the date that is #e years after the date of enactment of this ,act2 or 7,b7 the day before the date on which the incumbent separates from the service4 7d7 ,individual contributions for prior service 7#a7 ,in general ,an incumbent who makes an election under subsection 7c77#b7 may1 with respect to prior service performed by the incumbent1 pay a deposit into the ,fund equal to the sum of-- 7,a7 the difference between-- 7i7 the amount that would have been deducted during the period of prior service under section #hccd or #hdbb of title #e1 ,united ,states ,code1 from the pay of the incumbent if the amendments made by this section had been in effect during the prior service2 and 7ii7 the amount that was deducted during the period of prior service under section #hccd or #hdbb of title #e1 ,united ,states ,code2 and 7,b7 interest on the amount described in subparagraph 7,a77i71 as computed under-- 7i7 paragraphs 7#b7 and 7#c7 of section #hccd7;e7 of title #e1 ,united ,states ,code2 and 7ii7 regulations promulgated by the ,director4 7#b7 ,effect of not contributing ,if an incumbent does not pay the full amount of the deposit described in paragraph 7#a7-- 7,a7 all prior service of the incumbent shall remain fully creditable as a law enforcement officer2 and 7,b7 the resulting annuity shall be reduced-- 7i7 in a manner similar to that described in section #hccd7;d77#b7 of title #e1 ,united ,states ,code2 and 7ii7 to the extent necessary to make up the amount unpaid4 7e7 ,government contributions for prior service 7#a7 ,in general ,if an incumbent makes an election under subsection 7c77#b71 an agency that employed the incumbent during any prior service of the incumbent shall remit to the ,director1 for deposit in the ,fund1 an amount equal to the sum of-- 7,a7 the difference between-- 7i7 the total amount of ,government contributions that would have been paid under section #hccd or #hdbc of title #e1 ,united ,states ,code1 if the amendments made by this section had been in effect during the prior service2 and 7ii7 the total amount of ,government contributions paid under section #hccd or #hdbc of title #e1 ,united ,states ,code2 and 7,b7 interest on the amount described in subparagraph 7,a77i71 as computed in accordance with-- 7i7 paragraphs 7#b7 and 7#c7 of section #hccd7;e7 of title #e1 ,united ,states ,code2 and 7ii7 regulations promulgated by the ,director4 7#b7 ,contributions to be made ratably ,government contributions under this subsection on behalf of an incumbent shall be made by the agency ratably 7not less frequently than annually7 over the #aj-year period beginning on the date described in subsection 7a77#e74 7f7 ,exemption from mandatory separation ,notwithstanding sections #hcce7;b7 and #hdbe7;b7 of title #e1 ,united ,states ,code1 a law enforcement officer shall not be subject to mandatory separation during the #c-year period beginning on the date of enactment of this ,act4 7g7 ,regulations ,the ,director shall prescribe regulations to carry out this section1 and the amendments made by this section1 including regulations for the application of this section 7and those amendments7 in the case of any individual entitled to a survivor annuity 7based on the service of an incumbent who dies before making an election under subsection 7c77#b771 to the extent that any rights that would have been available to the decedent if still living4 7h7 ,rule of construction ,nothing in this section1 or an amendment made by this section1 shall be considered to apply in the case of a reemployed annuitant4 #bbe4 ,department of ,veterans ,affairs personnel transparency 7a7 ,in general ,section #eje of the ,john ,s4 ,mc,cain ,,iii1 ,daniel ,k4 ,akaka1 and ,samuel ,r4 ,johnson ,,va ,maintaining ,internal ,systems and ,strengthening ,integrated ,outside ,networks ,act of #bjah 7,public ,law #aae-ahb2 #ch ,u4,s4,c4 #cja note7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter before subparagraph 7,a71 by striking information1 and all that follows through facility3 and inserting information32 7ii7 in subparagraph 7,b7-- 7,i7 by inserting 7i7 before ,the number2 and 7,,ii7 by adding at the end the following new clause3 7ii7 ,information made available under this subparagraph shall be updated not less frequently than once each quarter to account for delays in data processing and shall reflect the most recently available data4 2 7iii7 in subparagraph 7,c71 by striking vacancies1 by occupation4 and inserting positions currently undergoing a recruitment action1 disaggregated by occupation and by stage of recruitment1 including pre-posting1 posting processing stage1 recruitment stage1 onboarding stage1 and waiting to start stage1 or successor stages if modified42 and 7iv7 by adding at the end the following new subparagraph3 7,f7 ,the number of positions vacated that the ,secretary as decided not to backfill1 disaggregated by occupation4 2 7,b7 by redesignating paragraph 7#e7 as paragraph 7#f72 7,c7 by inserting after paragraph 7#d7 the following new paragraph 7#e73 7#e7 ,display of information ,the display of information made publicly available on an ,internet website of the ,department pursuant to paragraph 7#a71 subject to subparagraph 7,d7 of such paragraph1 shall be disaggregated-- 7,a7 by departmental component2 7,b7 in the case of information relating to ,veterans ,health ,administration positions1 by medical facility2 and 7,c7 in the case of information relating to ,veterans ,benefits ,administration positions1 by regional office4 2 and 7,d7 in paragraph 7#f71 as redesignated by subparagraph 7,b71 by striking shall and all that follows and inserting 8shall-- 7,a7 review the administration of the website required under paragraph 7#a72 7,b7 develop recommendations relating to the improvement of such administration2 and 7,c7 submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report containing-- 7i7 the findings of the ,inspector ,general with respect to the most recent review conducted under subparagraph 7,a72 and 7ii7 the recommendations most recently developed under subparagraph 7,b74 2 and 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,annual report ,each year1 the ,secretary shall submit to ,congress an annual report that includes the following3 7#a7 ,a description of the steps the ,department is taking to achieve full staffing capacity4 7#b7 ,a description of the actions the ,department is taking to improve the onboard timeline for facilities of the ,department1 including-- 7,a7 in the case of facilities of the ,veterans ,health ,administration1 for facilities for which the duration of the onboarding process exceeds the metrics laid out in the ,time to ,hire ,model of the ,veterans ,health ,administration1 or successor model2 and 7,b7 in the case of ,veterans ,benefits ,administration1 for regional offices that exceed the time-to-hire target of the ,office of ,personnel ,management4 7#c7 ,the amount of additional funds necessary to enable the ,department to reach full staffing capacity4 7#d7 ,such recommendations for legislative or administrative action as the ,secretary may have in order to achieve full staffing capacity at the ,department4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the date of the enactment of this ,act and shall apply with respect to the first update under section #eje7;a77#c7 of such ,act beginning after the date of the enactment of this ,act and each update thereafter4 #bbf4 ,comptroller ,general report assessing human resources modernization within ,veterans ,health ,administration 7a7 ,in general ,not later than #ah months after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on human resources modernization conducted by the ,veterans ,health ,administration 7in this section referred to as the ,administration74 7b7 ,elements ,the report required by subsection 7a7 shall include an assessment of the following3 7#a7 ,the ,human ,resources ,modernization ,program of the ,administration1 including an assessment of the activities carried out under the ,program1 the results of those activities1 and how the ,administration measures the performance of those activities4 7#b7 ,the human resources information technology systems of the ,administration1 including the performance1 accuracy1 efficiency1 and user-ability of those systems for human resources professionals1 managers with hiring authority1 and other employees of the ,administration who use those systems4 7#c7 ,metrics and timelines used to report hiring and vacancy data within the ,administration1 including recruitment and retention data4 7#d7 ,trends in hiring1 recruitment1 retention1 and vacancies among employees of the ,administration4 7#e7 ,the use by the ,administration of authorities and waivers for hiring flexibility1 including an assessment of the standardization of use of such authorities and waivers within each ,veterans ,integrated ,service ,network4 7#f7 ,training1 development1 and workload of human resources professionals of the ,administration4 7#g7 ,such other matters as the ,comptroller ,general considers relevant4